P. v. Moreland CA2/4
In 2001, a jury convicted appellant David Wayne Moreland of kidnapping to commit robbery, carjacking, possession of a firearm by a felon, and making terrorist threats. He was sentenced to 16 years plus life in prison, with eligibility for parole in October 2027.
In November 2020, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended that the trial court recall appellant’s sentence pursuant to Penal Code section 1170, subdivision (d)(1), and resentence him based on his exemplary conduct and commitment to rehabilitation. The trial court declined to recall the sentence.
Appellant appeals from the trial court’s denial of the Secretary’s recommendation. While this appeal was pending, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) was signed into law in October 2021 and became effective on January 1, 2022. (Stats. 2021, ch. 719.)
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